Agenda and minutes

Full Council - Thursday, 21st July, 2016 1.30 pm

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

Venue: Council Chamber, County Hall, Preston

Contact: Josh Mynott  Tel: (01772) 534580, Email:  josh.mynott@lancashire.gov.uk

Media

Webcast: View the webcast

Items
No. Item

1.

Apologies and Announcements

Minutes:

Announcements

 

The Chairman reported the following deaths:

 

Former County Councillor Derek Lockwood OBE JP, who passed away peacefully at home on Tuesday 31 May 2016 with his family by his side after a short time in hospital.  Mr Lockwood served as the Conservative County Councillor for the Blackpool Highfield and Stanley Electoral Division from May 1985 until May 1998 and served on a number of committees, including Policy and Resources, Education and Highways and Transportation.  Mr Lockwood was also a former County Council Conservative Group Leader.

 

Former County Councillor Geoff Roberts who passed away in Southport Hospital on Monday 18 July 2016.  Mr Roberts was elected as a Labour County Councillor to serve the Skelmersdale Central electoral division from 1997 until 2005.

 

During this period he held the position of chair of Development Control Committee Regulatory Committee and Lancashire Local West Lancashire.  He also served on a number of committees including Highways and Transportation, Planning, Industrial Development and Tourism, Social Services and various Overview and Scrutiny Committees.

 

In addition, the Chairman invited Council to demonstrate its solidarity with and respect for the victims of the terrorist attack in Nice, the people of France and the victims of terrorism and violence everywhere, as well as in memory of Mr Lockwood and Mr Roberts, by standing for one minutes silence. The Full Council stood in silent tribute.

 

A number of members spoke in memory of both Mr Lockwood and Mr Roberts and offered condolences to their family and friends. 

 

Chartered Institute of Highways Transportation (CIHT)/Department for Transport Reducing Sign Clutter Award

 

The Chairman was pleased to announce that at the recent 2016 CIHT awards, Lancashire County Council won the CIHT/Department for Transport award for reducing sign clutter.  The award was for the reduction of sign clutter in relation to 'The Fishergate Central Gateway Project'. 

 

The judges were impressed with the clear administrative process used and said that this logical and thorough approach to the principle that a scheme should start with nothing and only include what is truly required was exactly what they would like to see universally applied.

 

Peter Bell, Ginette Unsworth and Shaun Capper attended Full Council, representing the teams that had worked on this project and were congratulated by members.

 

 

National Award for Patient Safety – Preventing Avoidable Harm

 

The Patient Safety and Quality Improvement Team received an award for preventing avoidable harm at the recent Patient Safety and Congress Awards ceremony held in Manchester on 5 July.

 

The Chairman informed members that this award was for a project to prevent falls which was a significant public health concern. 

 

The judges had said that the Lancashire County Councilentry was a “fantastic multi-agency approach which demonstrated a superb first level intervention, co designed and co- produced with patients and families.  It was an excellent example of the power of sharing data. 

 

Ann Smith, Head of the Patient Safety and Quality Improvement team and Sumaiya Sufi, Area Manager attended Full Council to represent the team and members congratulated them  ...  view the full minutes text for item 1.

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

Minutes:

The Full Council was notified that Members had been invited to make declarations of Pecuniary and Non-pecuniary interest in matters on the agenda in accordance with the County Council's Code of Conduct for Members.  The following interests were declared:

 

Name of Councillor

Agenda item Number

Nature of interest

(non-pecuniary unless stated)

A Barnes

B 8

Rawtenstall Bus Station - Leader of Rossendale Borough Council

 

 

3.

Confirmation of the minutes from the meeting held on 26 May 2016 pdf icon PDF 122 KB

Minutes:

Resolved:  That the Minutes of the meeting of the County Council held on 26 May 2016 be confirmed and signed by the Chairman.

 

4.

Borrowing from the Municipal Bond Agency pdf icon PDF 618 KB

Additional documents:

Minutes:

In moving the report the Deputy Leader explained that following changes introduced by Government in 2010/11 the cost of the Council borrowing money had increased.  In response, the Council as part of a Local Government Association initiative had contributed to the setting up of the Municipal Bond Agency (MBA), which was intended to reduce costs.

 

In order to borrow from the MBA the Council would need to enter into the Agency's Framework Agreement.

 

An amendment was moved and seconded that:

 

"This proposal potentially places the Council at serious financial risk and it is therefore resolved that:

 

Council defers consideration of this item and requests the Audit and Governance Committee to examine the potential risks in entering into the framework Agreement and the possible mitigation of those risks". 

 

Upon being put to the vote the motion was CARRIED and it was:

 

Resolved:  That consideration of this item be deferred and that the Audit and Governance Committee be requested to examine the potential risks of the County Council into entering into the Framework Agreement and the possible mitigation of those risks at its meeting on 26 September 2016 and a further report be presented to Full Council on 13 October 2016.

 

 

5.

Transport for the North pdf icon PDF 121 KB

Additional documents:

Minutes:

The Full Council was asked to support in principle a draft 'Proposal to Establish a Sub-national Transport Body' and make a nomination to serve as the County Council's representative on Transport for the North.

 

Resolved:  That,

 

1.  The contents of the report be noted.

 

2.  Support be given 'in principle' for the draft 'Proposal to Establish a Sub-national Transport Body' as set out in Appendix 'A' to the report and its submission to the Secretary of State.

 

3.  This agreement 'in principle' be contingent on TfN drawing down powers from central government and not derogating powers from local transport authority arrangements or securing any reserve powers to determine, manage and/or deliver local transport responsibilities without the full support of the relevant local transport authority.

 

4.  The Leader of the County Council be nominated to serve as Lancashire County Council's representative on Transport for the North and that the Deputy Leader be nominated as a substitute to attend meetings in the absence of the Leader of the Council.

 

 

 

 

6.

The Council's Code of Corporate Governance pdf icon PDF 90 KB

Additional documents:

Minutes:

The Full Council was asked to approve a revised Code of Corporate Governance for the County Council which had been considered by the Audit and Governance Committee on 30 June 2016.

 

It was noted that Full Council in July 2015 had approved a new Code of Corporate Governance for the County Council and an Action Plan for 2015/16 which was based on the current guidance at that time.  Full Council also agreed that the Code would be reviewed on an annual basis.  The Full Council was informed that new guidance had been published earlier this year and as a consequence the Code of Corporate Governance had been updated to reflect the changes.

 

Resolved:  That the revised Code of Corporate Governance, as set out at appendix 'A' to the report now presented be approved.

 

7.

Revised Procurement Rules pdf icon PDF 99 KB

Additional documents:

Minutes:

The Full Council was asked to approve revision to the County Council's Procurement Rules including an amendment to the approval process for tender exercises which were deemed to be Key Decisions, in order to enhance the efficiency of decision making.

 

Resolved:  That,

 

1.  The revised Procurement Rules set out at Appendix 'A' to the report be approved.

 

2.  The Rules be reviewed by the Procurement Board each year, and that the Director of Financial Resources be authorised to update the thresholds as required in line with changes to EU thresholds.

 

3.  Where approval has been received from the Cabinet Member to undertake a tender process which is deemed to be a Key Decision, the subsequent award of the Contract on the satisfactory completion of the tender exercise shall not be deemed a Key Decision and can be approved by the relevant Head of Service or Director.

 

4.  The Director of Governance, Finance and Public Services be authorised to make consequential amendments to the Constitution as required.

 

 

 

8.

Report of the Cabinet (Part B) pdf icon PDF 81 KB

Additional documents:

Minutes:

The Leader of the Council moved Part B of the report of the Cabinet from its meeting on 9 June 2016.

 

Resolved:  That part B of the report of the Cabinet from its meeting on 9 June 2016 be noted.

 

9.

Report of County Council Committees

9a

Report of the Overview and Scrutiny Committees pdf icon PDF 85 KB

Additional documents:

Minutes:

County Councillor Bill Winlow presented the reports of the Overview and Scrutiny Committees as follows:

 

·  Health Scrutiny Committee – 24 May 2016 and 14 June 2016

·  Scrutiny Committee – 13 May 2016

 

Resolved:  That the reports of the Overview and Scrutiny Committees as now presented, be noted.

 

9b

Report of the Audit and Governance Committee pdf icon PDF 83 KB

Additional documents:

Minutes:

County Councillor Terry Brown presented the report of the Audit and Governance Committee from its meeting held on 30 June 2016.

 

Resolved:  That the report of the Audit and Governance Committee as now presented, be noted.

 

9c

Report of the Pension Fund Committee pdf icon PDF 81 KB

Additional documents:

Minutes:

County Councillor Kevin Ellard presented the report of the Pension Fund Committee from its meeting held on 10 June 2016.

 

Resolved:  That the report of the Pension Fund Committee as now presented, be noted.

 

9d

Report of the Urgency Committee pdf icon PDF 92 KB

Minutes:

The Leader presented the report of the Urgency Committee, which set out decisions of the Chief Executive under the Council's Urgent Business Procedure on behalf of the Urgency Committee.

 

Resolved: That the report of the Urgency Committee, as now presented, be noted.

 

 

10.

Report of the Lancashire Combined Fire Authority (CFA) pdf icon PDF 80 KB

Additional documents:

Minutes:

County Councillor Frank De Molfetta presented the report of the Lancashire Combined Fire Authority from its meeting on 20 June 2016.

 

Resolved:  That the report of the Lancashire Combined Fire Authority, as now presented, be noted.

 

11.

Notices of Motion submitted under Procedural Standing Order 14.2.1 (a) (Part C)

Minutes:

1.  It was moved by County Councillor Gibson and seconded by County Councillor Dowding that:

 

Lancashire County Council condemns racism, xenophobia and hate crimes unequivocally. Racism, xenophobia and hate crimes of any description have no place in our country or our county.   

 

We are proud to live in a diverse and tolerant society and note that a lot of good work is taking place across Lancashire:

 

·  The Lancashire Strategic Hate Crime Group is devising the hate crime strategy and there is a dedicated hate crime unit within Lancashire Constabulary.

·  There are excellent examples of partnership working to tackle racism, xenophobia and hate crime between the County Council, Borough and District Councils, Lancashire Constabulary, the Office of the PCC and the voluntary, community and faith sectors across the County. 

 

This Council wants to assure all of the County's residents and visitors that they are valued members of our society and as elected representatives of the diverse communities across Lancashire, Full Council is asked to place on record that the County Council will not tolerate hate crime, racism or xenophobia in its communities.

 

This Council resolves to:

 

·  Display the opening paragraph in this motion prominently on the county council website and that a press release is issued to publicise the motion.

·  Ask the scrutiny committee to review the current measures taken to counter racism, xenophobia, and hate crime and report back to Full Council.

·  Support and work with people who are victims of hate crime, racism or xenophobia to feel confident in coming forward and reporting it.

 

On being put to the vote the motion was CARRIED and it was:

 

Resolved:  That,

 

Lancashire County Council condemns racism, xenophobia and hate crimes unequivocally. Racism, xenophobia and hate crimes of any description have no place in our country or our county.   

 

We are proud to live in a diverse and tolerant society and note that a lot of good work is taking place across Lancashire:

 

·  The Lancashire Strategic Hate Crime Group is devising the hate crime strategy and there is a dedicated hate crime unit within Lancashire Constabulary.

·  There are excellent examples of partnership working to tackle racism, xenophobia and hate crime between the County Council, Borough and District Councils, Lancashire Constabulary, the Office of the PCC and the voluntary, community and faith sectors across the County.

 

This Council wants to assure all of the County's residents and visitors that they are valued members of our society and as elected representatives of the diverse communities across Lancashire, Full Council is asked to place on record that the County Council will not tolerate hate crime, racism or xenophobia in its communities.

 

This Council resolves to:

 

·  Display the opening paragraph in this motion prominently on the county council website and that a press release is issued to publicise the motion.

·  Ask the scrutiny committee to review the current measures taken to counter racism, xenophobia, and hate crime and report back to Full Council.

·  Support and work with people  ...  view the full minutes text for item 11.